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Artrex Vs Nationwide - (having a hard time filtering out relavent nfo on this board.)


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Hi,

i am about to file a DPA subject access request with the nationwide, with regards to a flex account i hold. I'm guessing i probably encurred £200-400 in charges from a whole lot of messups over direct debits from o2 ..and my oh my thats a story in itself !

 

I'm having a little trouble filtering out the stuff i really need to read in relation to making my claim on this site ..theres just too many apparently miscilainious posts obscuring the vital information.

Can anyone point me quickly to the bits i need to know ? ...and maybe someone could clear up this situation overall ? ;)

ta.

 

btw,

I hear word of peoples accounts being suspended upon proceeding with a claim ? ..im thinking of opening a second flex account and transferring all payments and debts over to this account instead. am i right in thinking that this new account will be immune from action on the other ? ..given that im not currently in breach of having not paid any new 'fees' to them.

Thing is, i'm fairly happy with the service they have offered me so far.. i'm just not happy with their charges & thats what im disputing ..so unless its totally nessursary ..i'll be staying with them :)

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Hi,

i am about to file a Data Protection Act subject access request with the nationwide, with regards to a flex account i hold. I'm guessing i probably encurred £200-400 in charges from a whole lot of messups over direct debits from o2 ..and my oh my thats a story in itself !

 

I'm having a little trouble filtering out the stuff i really need to read in relation to making my claim on this site ..theres just too many apparently miscilainious posts obscuring the vital information.

Can anyone point me quickly to the bits i need to know ? ...and maybe someone could clear up this situation overall ? ;)

ta.

 

btw,

I hear word of peoples accounts being suspended upon proceeding with a claim ? ..im thinking of opening a second flex account and transferring all payments and debts over to this account instead. am i right in thinking that this new account will be immune from action on the other ? ..given that im not currently in breach of having not paid any new 'fees' to them.

Thing is, i'm fairly happy with the service they have offered me so far.. i'm just not happy with their charges & thats what im disputing ..so unless its totally nessursary ..i'll be staying with them :)

 

 

here is the link for the sar.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If you click on the link in my signature for the step by step instructions that will guide you through the process. The closing of accounts is very rare as this is deemed as retalitory action by the banks.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 1 month later...

hi,

its been just over the 40 day limit on the SAR and iv'e not heard anything from nationwide.. any advice ?

...i not 100% that the named reipient was right for the cheque mind ..what details have other people used with regards to this ?

 

 

ta.

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hi,

its been just over the 40 day limit on the S.A.R - (Subject Access Request) and iv'e not heard anything from nationwide.. any advice ?

...i not 100% that the named reipient was right for the cheque mind ..what details have other people used with regards to this ?

 

 

ta.

 

Who did you make the cheque payable to?

Has the cheque been cashed?

Did you send it registered?

 

I'm not clued up on Nationwides processes, but i'm sure someone will bob in and give you some more indeth info on their methods

 

Hope to have helped

 

Paul

 

"Wisdom Begins In Wonder"

My advice is based on my personal experience and should be taken as such.

If I have helped you, Please click the Scales

Abbey WON - MNBA WON - BARCLAYS WON - HALIFAX(1) WON - BT WON

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sent registered, was signed for & received. need to find out if the cheque has been cashed, got the other details here, tho not immediately to hand.

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Hello artrex!

 

It makes no difference if Nationwide have cashed your cheque or NOT.

Their 40 days starts from the day that they receive your S.A.R.

If Nationwide haven't complied with this timescale the next thing to do is to send them the following Template Letter...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Further reading for U is provided by the following links...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html

http://www.consumeractiongroup.co.uk/forum/statutes-library/91-data-protection-act-1998-a.html

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Thanks..

The statements arrived today mind, albeit they are late by about 5 days..

 

My charges came to 250 (including the SAR fee), which is fortunately less than i might of expected.

 

Right time to proceed to the next step.. hmm time to find that nfo on this board again..

 

ta.

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The next step for you is to draw up your shedule of charges and send them along with your Preliminary Letter, you will find these in the Templates Library.

 

This link will give you a step by step guide for your claim so it might be worth printing off a copy or adding the link location to your favourites for future references.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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...I hear word of peoples accounts being suspended upon proceeding with a claim ? ..im thinking of opening a second flex account and transferring all payments and debts over to this account instead. am i right in thinking that this new account will be immune from action on the other ? ..given that im not currently in breach of having not paid any new 'fees' to them.

Thing is, i'm fairly happy with the service they have offered me so far.. i'm just not happy with their charges & thats what im disputing ..so unless its totally nessursary ..i'll be staying with them :)

If Nationwide do allow U to open another Flexaccount, the two accounts will be connected to U + so Nationwide will take money out of one to pay Penalty Charges that the other incurs.

This is called "Set Off...or Off-Setting".

U will have agreed to this when U opened your Flexaccount as I'm sure it's in the T & C's somewhere.

In any event it's an industry-wide practice.

U would be much better advised to open a 'parachute' current account with another Bank entirely!

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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hi,

have put together the claim letter today and will be posting tomorrow :)

 

on the note of future charges; i intend to avoid them so that this isnt an issue again.Just going about claiming back on their unreasonable fees for my past lapses (direct debits are a PITA).

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  • 2 weeks later...

letter was received by nationwide on 19/06/07 ..posted on 16/06/07 ..which date shall i treat as the 14 day deadline ? :) ..and should i post at least a day ahead to ensure it arrives dead on the 14 days (if lucky) ? :)

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letter was received by nationwide on 19/06/07 ..posted on 16/06/07 ..which date shall i treat as the 14 day deadline ? :) ..and should i post at least a day ahead to ensure it arrives dead on the 14 days (if lucky) ? :)
Why rush something that may cause U to later regret having done so??

If anything, err on the side of giving Nationwide a day or so longer to send U their reply.

 

U should have sent your last letter via Recorded Delivery.

If U check on the Royal Mail website, U can find out the actual date that your letter was signed for/delivered.

Count 14 days from this date + post your next letter then!

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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was recorded delivery.. which is why i quoted a 'received' date :) so.. its from the received date listed above ...okis well, the reason being that i am going away on holiday for two weeks close to when the time for the second letter would expire. which is going to make things interesting... so trying to make sure i collect and respond to as much correspondance as i can ..before i go away.

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keep going and send your next letter which should be your LBA and then after the 14 days (+ a couple for days for delivery, bearing in mind the postal strike is looming) then if no joy go to court!

regards

chris

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  • 5 weeks later...

Hi, somewhat late here getting back on the case with this...just got back from hols. will be finishing off moneyclaim.gov.uk thingy tommorow .. tho some of the details that need filling in & copying across from the templates are a little too vague for my liking ..wanting to be 100% sure i filled this out right ..so any advice welcome. ...right ..nite !

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okay heres the particulars of claim bit i have written so far; what is the correct way complete this online ?

-----

Money claim for return of penalty charges

applied to the Claimants bank account by the

Defendant.

Charges £240.00

Interest under s.69 County Courts Act 1984 £29.40

Court Fee £30.00

TOTAL £ 299.40

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx **??** per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] **??** OR at such rate and for such periods as the court deems just.

PARTICULARS OF CLAIM

 

1. The Claimant has an account ***/********* ("the Account") with the Defendant which was opened on or around **/**/**.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 240.00 and any interest charged thereon;

 

b) Court costs;

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] **multiple dates ??** to 04/08/2007 of £240 **multiple ammounts ??** and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest] **??**

 

I believe that the contents of these particulars of claim are true.

------

this is giving me a dirty great headache and i really dont want to bungle this one :/ :)

how should this be completed correctly ?

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To be honest, if you want to particularise your claim as fully as possible, I'd advise you to complete the N1 form with the guidance notes available (Particulars of Claim). Whilst MCOL is great, there isn't adequate space for the PoC needed for a bank charges claim.

 

Although you can't save the information once you've printed it, you can still complete it on your PC and print the 3 required copies off - so you can still ensure it's completely accurate before taking/sending into court. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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